Electronic Records

Reference: The Indian Evidence Act
Sections 65 A and 65 B

Sections 65 A and 65 B deal with electronic records. A computer output is considered to be a document under the IEA. (See Section 65 A)
Under Section 65 B: A computer output is any information contained in an electronic record which is: (a) printed on a paper or (b) stored, recorded or copied in optical or magnetic media produced by a computer.
It is admissible in any proceedings without further proof or production of the original as evidence of: (a) any contents of the original or (b) any fact stated in it of which direct evidence would be admissible.
However, under Section 65 B (2), the output must satisfy certain conditions:
1. It should have been produced by a computer during the period when it was regularly used to store or process information for the purpose of any activity regularly carried on during that period by a person who has had lawful control over the use of the computer during that period.
2. The information of the kind in the electronic record or of the kind from which it was derived should have been regularly fed into the computer during the ordinary course of carrying on the activity during the said period.
3. The computer should have been operating properly. If it was not, it must be shown that the electronic record and the accuracy of its contents has not been affected.
4. The information contained in the electronic record should have been reproduced or derived from information fed into the computer during the ordinary course of business.
The ‘computer’ referred to in this Section need not be one computer. With reference to the period in question, it could be: (1) a combination of computers, (2) different computers operating in succession, (3) different combinations of computers operating in succession, (4) any manner involving the successive operation of one or more computers or combinations of computers in any order. Basically, all the computers used for that purpose during the period in question are treated as a single computer under Section 65 B.
Where it is desired to give a statement in evidence, a certificate shall be evidence of any matter stated in it. The certificate should:
1. identify the electronic record containing the statement and describe how it was produced or
2. give such particulars of any device involved in producing the electronic record as may be appropriate to show that it was produced by a computer or
3. deal with any of the matters to which the conditions mentioned in Section 65 B (2) relate
the certificate should be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activity (whichever is appropriate). It shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
(Read Section 65 B (5) )